>> paul: this week on the journal editorial report. new details about the boston bombing suspects new details. look how we can keep our city safe from home-grown terror. two federal agencies to heed warnings about tamerlan tsarnaev. have our anti-terror defense failed in the years since 9/11 and unraveling of obamacare continues. they announce a train wreck amid reports amongst congressional colleagues may exempt themselves. >> paul: welcome to the journal editorial report.

i'm paul gigot as we continue to learn more about the two suspects in the boston marathon bombing. a clearer picture is emerging from tamerlan tsarnaev as a young man who increasingly radicalized while living in the u.s. something people warned is a new face of terror in america. he is the author of the 2007 nypd report, radicalization in the west, the home-grown threat. mitchell, welcome to the program. so the u.s. officials are describing the tamerlan tsarnaev as having under gone a self-radicalization. what does that mean to you? >> i think when they refer to self-radicalization they mean he wasn't radicalized by some outside group. there wasn't some type of

ideologue who was physically in boston leading him along. no longer do you need to have a person in place or a group to radicalize somebody but you rather all through the internet and a virtual internet sanctioner. many of these people are unremarkable, leading normal lives. you wouldn't think of them as potential terrorists. something happened. a process they go through. what happens along that process. >> at some point they decide to reevaluate their life and world view. having some personal crisis, maybe a death in the family. something that makes them reassess what direction they are going. they may not have a strong identity who they are. are they chechnyan or american? they investigate what their heritage means, ethnic heritage and as they go goun down that road they begin to learn more

about islam. unfortunately in the cases that end up turning to violent extremism. they adopt an extremist version of the religion. >> paul: do they need a mentor or somebody they dealt with on the internet. they were dealing with anwar al-awlaki the former now dead imam who was working out of yemen? >> absolutely. that is the concept of having an ideologue online. we saw that very much in the case, times square bomber in 2010 and we're still learning more about the tsarnaev brothers. i wouldn't be surprised at some point when the f.b.i. is done with the computers, they find links to anwar al-awlaki websites. we do know from youtube page he was following another extremist imam, someone who is in favor of violence against non-believers and have said that openly on his

website. an australian cleric out of lebanon. >> paul: knees people are very heart hard to detect. because they are operating by themselves. what do you do at nypd to make sure that you defect these people before they become violent? >> the signals are very faint to detect radicalization. essentially nypd tried to be creative and create trip wires in a variety of places, travel overseas, absolutely, zone of conflict that required further scrutiny, maybe check out and find what the trip was about. we want to better understand the neighborhood to try and figure out, are there certain incubators where radicalization is likely to happen. in madrid, they were radicalized

in a barer shop. in london, they radicalized in a bookstore. some public places at the nypd could go to and most importantly online. >> paul: had you a couple trip wires. an overseas trip. you had an alert by the russians and once you return from overseas, we know postings that sympathize with jihad. why would those trip wires not have been discovered here in this ks? >> you know, the question i'm asking myself. it's a question that we dealt with everyday at the nypd. what we didn't have is a connection the lead by the russians and what was received and when tsarnaev returned, how come somebody didn't see the change. change is the indicator that someone is moving in a new direction. if you had seen his postings on the youtube page he had gone in

a different direction. >> paul: do you think she should have been under a wiretap or cyber unit within the f.b.i.? >> yeah, when i looked at the youtube page, it was open to anyone to look at. if it's an open website, anyone could have looked at it. that seems to be one of those basic steps that should have been done is monitoring of the cyber. it's monitoring sign other a counterterrorism side has made the transition on the corporate side. day to day also wanting to monitor. >> paul: not terrorists? >> also hostile takeovers maybe. >> paul: there is a controversy what the nypd did, criticism, you know what you are intruding on ethnic communities or muslim communities for their faith. how do you respond to that kind of criticism? >> i think it's unfortunate

because the ap articles are very misinformed. they took different programs and conflated them and made them seem sinister. all the programs that nypd were involved in fit in a legal structure called the hanshu agreement. it's what the f.b.i. has to deal with. so in order to use an informant or an undercover one has to meet a certain legal predicate. if you didn't meet the legal predicate you couldn't open the investigation. if you had an ongoing investigation, it was my job to advise at the highest levels you have to shut that investigation down there. was oversight internally on this process. >> paul: and no change in the new york pd behavior from any criticism in the courts. when we come back questioning

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questioning by the f.b.i. was cut short where a federal judge read him his miranda rights possibly sacrificing valuable intelligence. i'm joined by dan hinninger and matt kominski this is first really big attack since 9/11. all credit do to our ain't terror brigades. with a stands out to you about this event? >> two things really. one that the f.b.i. and c.i.a. had him on their radar screens. they had him in 2011 in march. f.b.i. went to see him, question him and went through his thing, when he went to the russia confirming he had been radicalized for six months, the f.b.i. and c.i.a. didn't know he had left but the homeland

security did know and didn't know he came back six months later. someone now at boston airport did know. >> paul: so there was know sharing, that was supposed to be one of big lessons of 9/11. you share information so people know who these people are. is that how bureaucracies behave? >> they are bureaucracies, they are big complicated places. he was on one list. think there were three or four such lists of separate bureaucracies. one list had 700,000 names on it. how can there be 700,000 names on a list like this? that a size after a fairly good sized american city. so these bucks have slipped back before 9/11. >> paul: should he have been, tamerlan tsarnaev, some kind of surveillance list.

some kind of wiretap order that if he posted jihadist videos, we would have been watching them? >> the real thi, f.b.i. says because we checked him out, he was clean then, we didn't have any right to go back. >> paul: what does that mean, they have every right to do it? >> i think so too. you were they went to court to get a warrant? >> but the time in russia, they would have to go back and monitor his online traffic. other thing that is amazing after these bombs went off, they were immediately on the list for the f.b.i. to check out and somehow the f.b.i. didn't identify them from the photos they had and that could have been prevented the killing of m.i.t. officer. >> paul: they could have been in a car and long gone and gotten on a flight. >> let me propose something. we have been asking these questions for days and senate has been asking questions. we don't have answers.

these bureaucracies themselves are not going to supply the answers. i think we do need a second 9/11 commission to look at this particular issue and see whether we have to reboot these bureaucracies. absent a commission that really asks everybody what was going on you will never get to the bottom of this. we really need to get these answers. question is how do we do that. >> paul: congress is the only way to get at it. what about miranda warning issue matt. judge barged her way in and f.b.i. claims stopped what had been an investigation without a lawyer and that is when he stopped cooperating. >> they were in the room and after only 18 hours of interrogation. >> paul: miranda warning what would be admissible in court and there is plenty of evidence likely to convict this telling oh. that is not the point of

interrogation. we want intelligence to prevent future attacks and to make sure we can break up any current terror networks? >> they invoked the public safety exception to miranda. more important point he should have been treated as a potential enemy combatant. we want to know what they were trying to do but who his brother or who he was in touch with, how was he radicalized. was anyone overseas giving them help. >> paul: that can be drawn later and then sent to civilian court. when we come back as roll out continues, is obamacare unraveling? one of chief architects seems to think so. he is predicting a train wreck and getting off before the crash. can you get off, too? what if this feeling could last all week? with centurylink as your trusted partner, it can.

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♪ ♪ >> ul >>. >> paul: well, who could blame them? congressional leaders from both parties have been this secret negotiations to exempt themselves from obamacare exchanges a claim that harry reid kenz this comment as one of chief arc tickets announces his retirement but not before issuing this warning to kathleen sebelius about the healthcare's roll out. >> i ee a huge train wreck. i don't see any results yet. what can you do to help all these people around the country, what in the world do i do? i don't know what to do. >> paul: editorial page editor james free man and joe rago join us with more. james, say it ain't so, exempting themselves from

obamacare? >> you have to remind yourself the clip from marcus, that is one of guys that liked it when it passed. he helped write the bill. basically this as been anest for years ever since they have been working on the bill wanting to make sure this wonderful experiment they are about to impose on american people doesn't hit members of congress and their staff. negotiations may be a strong word. i'm told that democrats harry reid, hoyer reached out to republicans. the democrats' view they are clarifying that part of obamacare they are also going to keep the great benefits they already have. >> paul: the subsidies that flows through the federal program which a great program would continue under the exchanges because the healthcare exchange is supposed to keep all the healthcare. if you got it, you can keep it. now people are saying the

insurance and the exchanges will be medicaid plus which sounds a lot less inviting? >> right. that is what the insurers are privately calling very high cost. not the benefits that members of congress have gotten used to over the years. this idea this is just a technical glitch, we're making a fix here, the entire bill is one long technical glitch. the idea that they are going to force this on the public without taking responsibility for the consequences i think is going to harm this even more. >> paul: i can't understand why john boehner would consider this. i remember 1994 when the republicans took the house this was one their main claims. we're going to apply the laws we apply to everybody else to congress. that was popular. this seems to be beyond belief. >> they are going to drive that approval rating down to zero. it can't get much lower.

there is a political point. i'm going to draw a line something james said. barack obama and the entire left wing healthcare community for 50 years want to do this. they said this was going to be the best social program in decades. now, people are literally trying to flee from it, from the congress, to unions out there in the country and to big corporations. nobody wants to go into obamacare. now, can the problem is this is going to start creating political erosion for the president. he just lost this gun control vote in the senate. this is bad news for him. he is only three months into his second term. >> paul: is this idea dead, congress is going to give it up now, it's been exposed? >> i think it's dead as long as republicans hold the house. there is a long history here. democrats have been trying to get out from under obamacare since 2009 when it was being created. chuck grassley, iowa senator, kept pushing to get this part of

the bill, you've got on eat the dog food too, congress. they fought on that every turn. i would think this is going to continue unless republicans continue. >> paul: the broader contours of obamacare, rolling out starting in october, that is not going too well either? >> no. hss run out of money for implementation. they have another affordable care act slush fund to exchange implementation. you are seeing rates are starting to be filed much higher 20-30% for younger consumers. even a hundred percent, 200%. in maryland which price controls are in effect already. you are not seeing the smooth, well-oiled machine the president promised. >> paul: it could be a political liability for the president if people begin to see the promises

haven't been kept. we have to take one more break. when we come back

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>> paul: time for hits and misses. >> the george w. bush library opened in dallas. on the other hand they are going to archive this bush presidency's 200 million emails. they a back to writing on stone tablets. >> all right. joe. >> we're turning off the sequester this week for air traffic control and i'm glad o i'm glad our flights will be deliberately delayed. it does send an unfortunate message, do a bad job, government. if you deliberately sabotage

your own operation we'll give into your demands. white house plit strategy. it would have been better to abolish air traffic control. just like canada. >> paul, we hav disappointing economic report. what is new era of obama economics. 2% growth. i would like to give a hit to american businesses to do pretty well in a tough environment with a lot of bad policies. president obama started out the quarter with a tax increase, ended up spending the rest of it and warning people about the sequester and the end of the world. all things considered. credit to american businesses for hanging in there. >> paul: and it's going to keep going or are we going to see another slowdown? >> it looks like a lot of years we've had recently. it starts out promising and then not betting on the rest of the year. >> paul: if you have your own hit or miss, please send it to

us and be sure and follow us on twitter at jer@fnc. i'm paul gigot. hope to see you here next week. >> jon: another busy week in the news business. the investigation on the boston bombings in full swing. details emerge about the terrorists and their plot. federal officials try to explain how and why one terrorist flew under the radar even after they knew he was a potential threat. the suspect's parents claiming it's all a setup. their little angels and another terror plot uncovered in eradicate. abortion trial goes to jury. the details are too much for some in the media. associated it is gets punked with a fake tweet. and a former president